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2024 Supreme(Online)(ORI) 857

ORISSA HIGH COURT
BIPRA CHARAN BISOI – Appellant
Versus
PATITAPABAN PANDA – Respondent


JUDGEMENT

Date of hearing : 06.02.2024 / date of judgment :21.03.2024 A.C. Behera, J. This 2nd appeal has been preferred against the reversing judgment.

2. The appellant of this 2nd appeal was the sole plaintiff before the trial court in the suit vide T.S. No.15 of 1989 and he was the respondent before the 1st appellate court in the 1st appeal vide T.A. No.15 of 1994.

3. The respondent of this 2nd appeal was the defendant before the trial court in the suit vide T.S. No.15 of 1989 and he was the appellant before the 1st appellate court in the appeal vide T.A. No.15 of 1994. // 2 //

4. The suit of the plaintiff(who is the appellant in this 2nd appeal) before the trial in the suit vide T.S. No.15 of 1989 against the defendant(who is the respondent in this 2nd appeal) was a suit for permanent as well as mandatory injunction.

5. The case of the plaintiff against the defendant before the trial court was that, the suit property is Plot No.779/ 2013 ‘Gharabari’ H0.008R under Khata No.307/55. According to the plaintiff, one Krushna Chandra Mahapatra of village Gumagarh was the sole owner of the suit Plot No.779 for an area H0.010R under Khata No.43 in Mouza Gumagarh




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